OHCHR in the field: Africa

Type of presence Location The Office of the High Commissioner for Human

Country offices OO Burundi Rights (OHCHR) continued to engage on the African OO Guinea continent in a particularly challenging environment. OO Uganda While progress was achieved in relation to Regional offices and OO Central Africa (Yaoundé, Cameroon) democratization and the consolidation of the rule centres OO East Africa (Addis Ababa, Ethiopia) OO Southern Africa (Pretoria, South Africa) of law in some countries, such as Burkina Faso, OO West Africa (Dakar, Senegal) Côte d'Ivoire, Guinea and Nigeria where successful Human rights OO Central African Republic (MINUSCA) presidential elections were held, a number of components in OO Côte d’voire (UNOCI) UN Peace Missions OO Democratic Republic of the Congo serious emerging and ongoing situations required (MONUSCO) the urgent attention of the Office. Nevertheless, OO Guinea-Bissau (UNIOGBIS) the crises in Burundi, the Central African Republic OO Liberia (UNMIL) OO Mali (MINUSMA) (CAR), Somalia, South Sudan and the deterioration OO Somalia (UNSOM) of the human rights situation in the West and OO South Sudan (UNMISS) OO Sudan (UNAMID) Central African subregions with the Boko Haram

Human rights advisers OO Chad insurgency clearly illustrate the challenges that the in United Nations OO Kenya leadership of the continent must confront with the Country Teams OO Madagascar OO Malawi* support of the international community. The overall OO Mozambique* situation was exacerbated by a deepening concern OO Nigeria* over terrorism and criminality, attacks on civilians OO Rwanda OO Sierra Leone* and a worsening of political, social and economic OO Tanzania* instability in some countries, which contributed to OO Zambia* increased displacements, irregular migration and * Deployed through the UNDG-Human Rights Working Group. a growing number of asylum-seekers. The African

OHCHR REPORT 2015 141 OHCHR IN THE FIELD: AFRICA

Union (AU) was increasingly engaged in regional Country Offices initiatives to promote accountability, including the establishment of the African Extraordinary Chambers within the Senegalese judicial system to prosecute and try Hissène Habré, alongside efforts to adopt a policy framework on transitional justice in Africa. Additionally, the AU continued to play an active role Burundi in peace operations in Somalia and South Sudan. Year established 2015 Staff as of 31 December 2015 23 OHCHR field presences continued to support governments, civil society and other actors in Expenditure in 2015 US$2,144,784 addressing human rights concerns at the regional and country level, including violence against civilians, impunity, the rule of law, discrimination Results and threats against fundamental freedoms and civil society, in particular in the context of elections. Strengthening international human rights OHCHR provided support to various UN assessment mechanisms missions and for the implementation of the Human uu Participatory standing national coordinating Rights Up Front Action Plan through the deployment bodies on reporting/replying to individual of human rights officers in Burkina Faso, Burundi, communications and enquiries are established; Guinea and Lesotho. Additionally, the Office and follow-up to recommendations of all human continued to support the Commission of Inquiry on rights mechanisms is integrated (EA 6) Eritrea, conducted a fact-finding mission on Boko As a result of advocacy efforts undertaken by the Haram-related abuses and carried out a human Office, a decree was adopted on 8 April which rights assessment mission to South Sudan. In order named the members of the Permanent Committee to draw the international community’s attention to responsible for the preparation of reports to the specific situations, the Human Rights Council held human rights treaty bodies. Since then, OHCHR two special sessions on human rights abuses and has organized a series of information sessions for violations committed by the Boko Haram group and the Committee. on the human rights situation in Burundi in April and December, respectively. Combating impunity and strengthening accountability and the rule of law From headquarters, the Africa Branch provided uu The status and recruitment process of magistrates substantive, technical and administrative support to comply with international standards and the all 26 presences in the continent. It also supported High Judicial Council is able to perform its the work of the Independent Experts on the human constitutional duties and contribute to the rights situations in the Central African Republic, consolidation of judicial independence (EA 1) Côte d'Ivoire, Mali, Somalia and Sudan, as well as Following OHCHR’s advocacy, the recruitment the Special Rapporteur on the situation of human of 53 magistrates was carried out in compliance rights in Eritrea. The OHCHR Office in Togo was with international standards. The magistrates closed in June and human rights work in the country were deployed to various courts and tribunals in continued through the Regional Office in Dakar. Bujumbura and other provinces. In 2016, OHCHR will provide additional training on human rights The High Commissioner visited Burundi (April) principles and standards. Little progress has been and the Central African Republic (September). The made, however, in relation to improvements in Assistant Secretary-General attended the AU Summit the judicial sector and the administration of justice. in Addis Ababa (January) and went on mission to Specifically, many detainees remain behind bars South Sudan (February) and Somalia (November). without legally prescribed pre-trial detention periods and many politically sensitive cases have not been investigated. Moreover, the rights of detainees are generally not respected because of inadequate detention conditions and poorly trained police officers and prison wardens. Yet, some prison officials have been receptive to suggestions from OHCHR and have taken action to improve detention conditions and respect for the rights of detainees.

142 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

human rights defenders, most of whom have fled Burundi for security reasons. Those still in the country face many forms of harassment.

© OHCHR/Burundi Burundi: Expenditure in 2015 Regular budget Extrabudgetary expenditure expenditure in US$ in US$ Personnel and - 1,571,039 related costs Activities and - 371,081 operating costs OHCHR staff members monitoring the electoral process in Burundi. Subtotal - 1,942,120 Programme support - 202,664 uu A credible and independent Truth and costs Reconciliation Commission is established and GRAND TOTAL - 2,144,784 functioning in compliance with international standards (EA 3) The appointed members of the Truth and Reconciliation Commission were sworn in on 10 December 2014; the date that the Commission Guinea (Conakry) became functional. Nevertheless, in the absence Year established 2010 of legislation to protect victims and witnesses, the Staff as of 31 December 2015 11 Commission cannot initiate any substantive activities. OHCHR and its partners will continue to advocate Expenditure in 2015 US$2,549,525 for the adoption of the requisite legislation.

Widening the democratic space Results uu The National Independent Human Rights Commission is fully functioning in accordance Strengthening international human rights with the Paris Principles (EA 1) mechanisms While the National Independent Human Rights uu Establishment of participatory standing national Commission (NIHRC) has not been able to refer coordinating bodies on reporting/replying to cases to the international or regional human rights individual communications and enquiries; mechanisms, the establishment and satisfactory integrated follow-up to recommendations of all functioning of its 13 regional focal points is human rights mechanisms; and submission of expected to enhance its capacity to investigate reports to treaty bodies and the UPR (EA 6) human rights violations, including cases of OHCHR contributed to strengthening the gender-based violence. OHCHR contributed to capacities of the Interministerial Committee in the establishment of the regional focal points and charge of coordinating reporting to the UN human will continue working with the Commission to rights mechanisms. A workshop was organized strengthen its capacities. for members of the Committee regarding the uu A draft law for the protection of human rights International Convention on the Protection of defenders is adopted and a basket fund for the the Rights of All Migrant Workers and Members National Independent Human Rights Commission of Their Families (ICRMW). This enabled the is established (EA 1) members to subsequently draft and submit Although the process of drafting legislation on the Guinea’s initial report to the treaty body. The protection of human rights defenders began in Government also submitted its national report in 2014, it is now being held up by the NIHRC which anticipation of its second UPR cycle. has yet to transmit it to the Government. OHCHR uu The National Human Rights Commission, CSOs has held several meetings with the Commission and UN agencies increasingly engage with treaty and has requested the engagement and support of bodies and the UPR (EA 7) the Minister of Justice and the Minister of Human With the assistance of OHCHR, civil society Rights to help facilitate a solution. The crisis in organizations submitted an alternative report in Burundi has negatively impacted on the work of relation to Guinea’s second UPR cycle.

OHCHR REPORT 2015 143 OHCHR IN THE FIELD: AFRICA

Combating impunity and strengthening accountability and the rule of law uu National consultations on transitional justice result in the establishment of accountability mechanisms in compliance with international human rights standards (EA 3) Due to the Ebola Virus Disease Crisis and as a result of the electoral process, the national consultations on transitional justice, organized by the Provisional Commission for Reflection on National Reconciliation, had to be postponed until 2016.

Widening the democratic space uu Law establishing an independent national human rights institution is promulgated and © EU/ECHO/Jonathan Hyams the institution is established and functioning in An Ebola survivor back in school in Guinea. accordance with international standards (EA 1) Members of the National Human Rights Protection Clusters, particularly concerning the Commission, which was established in 2014, had forest region (EA 11) their capacities strengthened following OHCHR’s The Office participated in the working groups of training workshop on human rights concepts the UN Mission for Ebola Emergency Response and principles, protection mechanisms and the (UNMEER) and worked with survivors of the role of NHRIs in the promotion and protection of Ebola Virus Disease to confront the problem of human rights. In October, the Office organized stigmatization. Together with other UN agencies a capacity-strengthening session for 41 human and government representatives, OHCHR rights monitors of the NHRI that were deployed participated in the steering committee that during the electoral process. reviewed the UNDAF. The steering committee uu National legislation on the rights to freedom of decided to resume the programmes that were expression, peaceful assembly and information is affected by the irruption of the Ebola Virus fully harmonized with international human rights Disease and the Office resumed its activities standards (EA 1) related to sensitization against gender-based The Law on Maintaining Public Order was violence. promulgated in July. While the legislation somewhat strengthens Guinea’s legal framework Guinea: governing the right to peaceful assembly, it is not Expenditure in 2015 in full compliance with international standards. Regular budget Extrabudgetary The Office participated in the drafting process to expenditure expenditure ensure international human rights standards were in US$ in US$ taken into account. Personnel and - 1,716,291 uu Women and youth increasingly participate in related costs political life at the local level and claim their rights Activities and - 538,231 (EA 5) operating costs Following an OHCHR capacity-building session Subtotal - 2,254,522 for women on transitional justice and national Programme support - 295,003 reconciliation in Guinea, a platform of women was costs created in order to hold discussions and advocate GRAND TOTAL - 2,549,525 with national authorities and civil society members for the consolidation of peace in Guinea, in particular during the presidential electoral process.

Early warning and protection of human rights in situations of conflict, violence and insecurity uu Integration of international human rights standards, including selected recommendations of the UPR, in the UNDAF 2013-2017, in its midterm review and in the UN Contingency Plan and UN

144 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

Togo Togo: Year established 2006 Expenditure in 2015 Staff as of 31 December 2015 - (The field presence Regular budget Extrabudgetary expenditure expenditure closed in 2015) in US$ in US$ Expenditure in 2015 US$827,925 Personnel and - 539,851 related costs Activities and - 192,826 Results operating costs Subtotal - 732,677 Strengthening the effectiveness of international Programme support - 95,248 human rights mechanisms costs uu A permanent mechanism for integrated GRAND TOTAL - 827,925 reporting and follow-up is fully institutionalized and the national plan of action to implement recommendations of international human rights mechanisms is adopted and being implemented (EA 6) Uganda The Office maintained a list of legislation Year established 2005 that needs to be adopted or amended by the Staff as of 31 December 2015 32 Government according to a compilation of recommendations made by the UN human rights Expenditure in 2015 US$3,116,643 mechanisms. The Office established the practice of discussing this list with the President of the Human Rights Commission or the President of the Results Assembly at the beginning of each parliamentary session. When agreement was reached regarding Strengthening international human rights the amendment of specific legislation, OHCHR mechanisms provided observations and guidance. uu National institutional mechanisms are in place uu NGO networks and the CNDH submit alternative and functional to increase engagement with reports to treaty bodies and the second UPR and international human rights mechanisms, namely engage with special procedures mandate-holders the National Human Rights Action Plan and the (EA 7) National Human Rights Education Plan (EA 6) OHCHR provided support for the establishment In relation to the National Human Rights of a network of human rights observers that is Actions Plan, OHCHR developed a database composed of civil society representatives covering to enable Government institutions to register different parts of the country. The Office also progress achieved in the implementation of the provided training on monitoring and documenting recommendations issued by the human rights human rights violations. While the immediate mechanisms. The database is currently in the purpose of the network was to report on human pilot phase and six ministries and government rights violations, it also helped to promote departments are registering their progress. On the awareness about human rights and empower completion of this exercise, the database will be civil society organizations to identify and address officially launched in 2016 and made available to human rights concerns with national authorities the entire Government. and international actors. uu Civil society networks, NHRI and UN entities increasingly engage with the UPR process, treaty Combating impunity and strengthening body reporting and special procedures (EA 7) accountability and the rule of law The Office facilitated a consultation with civil uu The draft Criminal Code and Criminal Procedure society organizations for the preparation of an Code and the prison and detention policy are alternative report in anticipation of Uganda’s adopted in compliance with international human second UPR cycle, which will take place in 2016. rights standards (EA 1) A total of 144 participants from civil society The new Togolese Penal Code was adopted by organizations from across the country participated Parliament but has not been promulgated by in the meeting. the President. The Penal Code makes reference to international crimes and is in increased compliance with human rights standards.

OHCHR REPORT 2015 145 OHCHR IN THE FIELD: AFRICA

Combating impunity and strengthening Enhancing equality and countering accountability and the rule of law discrimination uu Increased integration of human rights standards, uu Legislation, policies and institutional practices including economic, social and cultural rights in the substantively comply with non-discrimination curriculum of the Judicial Studies Institute (EA 1) and equality standards, particularly with regard OHCHR supported the Judicial Studies Institute to gender, LGBTI persons, persons with disabilities in the training of judges on the enforceability of and persons living with HIV/AIDS (EA 4) economic, social and cultural rights. The training The Ministry of Gender, Labour and Social was based on a curriculum that the Institute Division developed a framework that would developed in 2014 with OHCHR’s assistance. enable it to track progress of its implementation Participating judges requested that the Office of Uganda’s commitments under CEDAW and provide additional support at their respective other regional gender instruments. OHCHR courts. advised the Ministry on the development of the uu Traditional justice authorities are increasingly instrument. respecting human rights standards when resolving conflicts in their communities (EA 1) Integrating human rights in development and in With support from the Office, Ker Kwaro Acholi, the economic sphere the traditional cultural institution of the Acholi uu Increased compliance of national, sector and local peoples, designed a human rights handbook government development plans with international for traditional authorities. The Office carried human rights standards and principles (EA 1) out capacity-building interventions to enable In collaboration with the National Planning traditional authorities to competently use the Authority and the Uganda Human Rights handbook and integrate human rights standards Commissioner, OHCHR conducted a national- and principles in their work, especially those level workshop, bringing together 109 experts related to non-discrimination and women’s rights. on planning, monitoring and evaluation from OHCHR also facilitated dialogue between formal ministries and local governments. The workshop and informal justice authorities in Gulu and resulted in the development and adoption of Moroto to highlight the different roles they play in human rights indicators to monitor and evaluate the administration of justice and to enable them the Government’s compliance with its own human to advocate for the integration of human rights rights commitments included in the National standards and principles in their work. Development Plan II, Sector Implementation uu Uganda People’s Defence Force, the Uganda Police Plans and Local Government Development Plans. Force and the Uganda Prisons Service increasingly The Office also trained 176 NGO programme staff comply with international standards on the use of members from Arua, Gulu, Mbale, Mbarara and force, arrest, detention and treatment of persons Moroto on a human rights-based approach to in custody, including in events related to counter- support their monitoring of the implementation of terrorism, treason charges and rebellion (EA 1) the National Development Plan II. OHCHR continued building the capacity of law enforcement agencies to fully respect human Widening the democratic space rights standards and principles and the Prevention uu Legal frameworks, legislation, regulations and Prohibition of Torture Act of 2012. The Office and policies increasingly respect and protect supported the Uganda Human Rights Commission public freedoms and democratic principles and in the organization and facilitation of five training government actors increasingly respect them (EA 1) workshops to sensitize 237 participants from OHCHR strengthened the capacity of the Uganda law enforcement agencies and local authorities Police Force (UPF) to integrate human rights about general human rights issues, although the standards that relate to the protection of and workshops mainly focused on the Torture Act respect for public freedoms and democratic and public freedoms. The Office also supported principles, in two internal documents. OHCHR the Commission to develop draft regulations for provided technical assistance for the review of the Torture Act. OHCHR facilitated two trainings the UPF Standing Orders and the development for senior law enforcement officers from the of Standard Operating Procedures relating to the Chieftaincy of Military Intelligence and the Public Order Management Act. Moreover, the Criminal Intelligence and Investigation Division of UPF has increasingly interpreted the Public Order the police on human rights standards applicable Management Act in a restrictive way, particularly to interrogations in the context of counter- regarding the organization of assemblies, which terrorism operations. has hindered the exercise of public freedoms. In 2015, OHCHR registered at least 35 assemblies

146 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

and rallies that were violently dispersed by the Regional Offices and Centres police in different districts of Uganda and at least eight complaints were made about restrictions to the freedom of expression. uu The Uganda Human Rights Commission United Nations Centre for Human Rights increasingly implements its constitutional and Democracy in Central Africa/OHCHR mandate in accordance with the Paris Principles, Central Africa Regional Office monitors and handles cases of human rights violations and undertakes actions aimed at (Yaoundé, Cameroon) promoting human rights (EA 1) Year established 2001 The Uganda Human Rights Commission increased Staff as of 31 December 2015 12 its capacity to implement its mandate with the Expenditure in 2015 US$1,475,167 support of the Office. In Karamoja, for instance, OHCHR and the Commission organized six planning and coordination meetings and carried out 30 joint missions to monitor detention Results facilities or follow up on received complaints. Strengthening international human rights Uganda: mechanisms Expenditure in 2015 uu Increased ratification of international human rights instruments with a focus on the ICMW, Regular budget Extrabudgetary expenditure expenditure CRPD, ICERD, ICCPR, ICESCR and their respective in US$ in US$ optional protocols (OPs), as well as on the OPs to Personnel and the CRC and CAT in Cameroon, Congo, Equatorial - 1,531,815 related costs Guinea, Gabon and Sao Tomé and Principe (EA 2) Activities and Equatorial Guinea’s Parliament adopted a law - 1,226,095 operating costs authorizing the President to ratify the Convention Subtotal - 2,757,910 on the Rights of Persons with Disabilities (CRPD). Programme support It is anticipated that the CRPD will be ratified in - 358,733 costs early 2016. In each country of the region, OHCHR GRAND TOTAL - 3,116,643 organized at least one meeting with government representatives and civil society actors to focus on the national status of ratification of the international human rights instruments. The Office also shared this information with media partners, which has prompted various duty-bearers to ratify a number of instruments, such as the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP2), the African Charter on Democracy, Elections and Governance, and the CRPD. uu Establishment of participatory standing national coordinating bodies on reporting/replying to individual communications and enquiries; and integrated follow-up to recommendations of all human rights mechanisms in Cameroon, Congo, Equatorial Guinea, Gabon and Sao Tomé and Principe (EA 6) National consultations were carried out by OHCHR in Congo, Gabon and Sao Tomé and Principe to support the establishment of standing participatory mechanisms for reporting and coordinating the follow-up to recommendations from international and regional human rights mechanisms. Road maps now exist in these countries which will lead to the establishment or strengthening of the existing mechanisms.

OHCHR REPORT 2015 147 OHCHR IN THE FIELD: AFRICA

In Gabon, for instance, discussions are ongoing United Nations Centre for Human Rights and to harmonize existing structures into one effective Democracy in Central Africa follow-up mechanism. (Yaoundé, Cameroon): uu NHRIs and civil society organizations effectively Expenditure in 2015 monitor human rights and engage with treaty Regular budget Extrabudgetary bodies, special procedures and the UPR in expenditure expenditure Cameroon, Equatorial Guinea and Gabon (EA 7) in US$ in US$ Following a capacity-building workshop facilitated Personnel and 939,136 108,059 by OHCHR, in March, human rights defenders, related costs civil society actors and the National Human Rights Activities and 289,719 109,916 Commission in Gabon increased their capacity to operating costs draft reports to the human rights mechanisms and Subtotal - 217,975 monitor the implementation of recommendations Programme support - 28,337 that are issued by the mechanisms. In Cameroon, costs OHCHR supported the creation of thematic GRAND TOTAL 1,228,855 246,312 networks by civil society organizations to monitor the implementation of rights enshrined in specific treaties such as the Convention on the Rights Improved respect for human rights by the business of the Child (CRC), CRPD and the International sector in Cameroon Covenant on Economic, Social and Cultural Rights (ICESCR). The Office also advocated for further Thanks to the advocacy and capacity-building efforts engagement with regional mechanisms, notably of OHCHR, Cameroonian companies took concrete the African Commission on Human and Peoples’ steps to improve the human rights situation of Rights (ACHPR). employees and local populations in line with the UN Guiding Principles on Business and Human Rights. Integrating human rights in development and in In the case of HEVECAM SA, a firm dedicated to the economic sphere the production of natural rubber, OHCHR trained uu National laws and development policies its staff members on human rights concepts and and programmes increasingly comply with standards, with a particular focus on the responsibility international human rights norms and standards, to respect. This has contributed to the company’s including those relating to business and especially increased implementation of measures to improve its in relation to indigenous peoples and minorities in human rights record, such as the creation of a human Cameroon, Congo, Equatorial Guinea and Gabon rights monitoring committee and the adoption of an (EA 1) internal policy on social responsibility. HEVECAM In Cameroon, two companies stand out as SA has also engaged with other stakeholders by pioneers in implementing human rights and setting up a follow-up committee, which brings business standards. Following a field visit by together the Government and local communities, OHCHR to assess the impact of the activities of including indigenous peoples. The company is now HEVECAM S.A. on indigenous communities, the regarded as a pioneer in the implementation of company engaged in dialogue with the local human rights standards and principles in its area communities of indigenous peoples, created a of activity. It shared its experiences with heads of human rights monitoring committee and adopted other corporations and government representatives an internal policy on social responsibility. at a human rights and business workshop held in Additional concrete actions were taken such as Libreville, Gabon from 23-24 November. the resettlement of communities of indigenous peoples affected by the creation of new rubber farms in Bissiang (South Cameroon). HEVECAM S.A. then shared its experience with 23 Gabonese State and corporate actors during a workshop on business and human rights. The Electricity Development Corporation, which is in charge of Cameroon’s electricity development, similarly established dialogue with the indigenous communities affected by the Lom Pangar dam project and implemented other concrete proposals suggested by OHCHR.

148 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

Regional Office for East Africa The development of the Charter falls under (Addis Ababa, Ethiopia) the broader mandate of UNODC to conduct a nationwide assessment of the justice sector. Year established 2002 OHCHR has been identified as a key partner in Staff as of 31 December 2015 8 this initiative. Expenditure in 2015 US$604,502 uu Strategies/resolutions adopted by the AU Commission and African Commission on Human and Peoples’ Rights on truth and reconciliation Results in specific country situations are informed by relevant international human rights standards Strengthening international human rights (EA 8) mechanisms OHCHR participated in the Joint Consultative uu Civil society organizations contribute to Workshop on the Modalities for Supporting all sessions of UN treaty bodies and the Transitional Justice Mechanisms in Darfur, UPR. In addition, an increased number of organized by the African Union Commission, communications will be sent to special procedures which helped to familiarize key African Union by Djibouti and Ethiopia (EA 7) bodies with applicable transitional justice Participants of an OHCHR workshop for civil standards and good practices under the Doha society organizations on the promotion and Document for Peace in Darfur. Moreover, protection of human rights decided to establish although it was expected that the African Union a platform to enhance their coordination Transitional Justice Framework would be adopted with the Interministerial Committee and the in June, its adoption has been postponed until National Commission for Human Rights to 2016. OHCHR will closely follow the processes work on pending reports, mainly to the CRPD, and provide input to the draft document. the Committee on the Elimination of Racial uu The AU and an increasing number of NGOs Discrimination (CERD) and the Human Rights campaign against the death penalty (EA 8) Committee. In collaboration with the African Commission uu United Nations human rights mechanisms on Human and Peoples’ Rights and the African recommendations form an integral part of reviews Union Commission, OHCHR organized a regional of country situations by AU human rights bodies discussion on the abolition of the death penalty (EA 8) which highlighted the human rights implications At the beginning of 2015, the African Commission of the death penalty in relation to the right to on Human and Peoples’ Rights adopted the life and freedom from arbitrary, summary and Protocol to the African Charter on Human and extrajudicial killings. Yet, the politically sensitive Peoples’ Rights on the Abolition of the Death debates on the abolition of the death penalty Penalty in Africa; the Guidelines on Conditions in Africa that are accompanied by a serious of Arrest, Police Custody and Pre-Trial Detention; backlash against advocacy efforts for its abolition and the Principles and Guidelines on Human posed a significant challenge to any progress. and Peoples’ Rights while Countering Terrorism. Furthermore, the African Union Commission’s The Regional Office for Eastern Africa engaged refusal to issue a joint African Union/OHCHR with and assisted the work of the Commission to public statement regarding the outcome of the follow up on the implementation of the AU/UN meeting impacted negatively on attempts to 2012 roadmap. persuade member states of the African Union to abolish the death penalty. Combating impunity and strengthening accountability and the rule of law Integrating human rights in development and in uu Courts and police investigation units start the economic sphere implementing recommendations from the regional uu Ethiopian Human Rights Commission processes and international human rights mechanisms in claims related to adverse effects of development Djibouti and Ethiopia (EA 1) programmes (EA 3) The Regional Office provided inputs to the The Ethiopian Human Rights Commission Litigants Charter that was commissioned by conducted a monitoring mission to evaluate the the United Nations Office on Drugs and Crime human rights implications of the Government’s (UNODC). The Charter provides litigants with national “villagization programme.” The comprehensive information on what to expect Commission investigated various aspects of during their interactions with the police, the programme, such as the degree to which prosecutors, legal aid providers and the judiciary. consultation, consent and compensation

OHCHR REPORT 2015 149 OHCHR IN THE FIELD: AFRICA

provisions relating to those who are forced to Regional Office for East Africa relocate are in accordance with international (Addis Ababa, Ethiopia): human rights standards and principles. The Expenditure in 2015 Commission publicized its findings and Regular budget Extrabudgetary proposed correctional measures. Despite this expenditure expenditure achievement, OHCHR is concerned about the in US$ in US$ Chief Commissioner’s decision to delay the Personnel and - 399,025 implementation of activities. The Office will related costs continue advocating for the engagement of Activities and 23,100 115,490 the Commission on human rights issues and operating costs development programmes. Subtotal 23,100 514,515 uu The strategy on the post-2015 development agenda Programme support - 66,887 of the United Nations Economic Commission costs for Africa and the AU systematically integrates GRAND TOTAL 23,100 581,402 vulnerable and disadvantaged groups (EA 10) OHCHR participated in the meeting organized by the United Nations Economic Commission for Africa on Building An Accountability Framework Regional Office for Southern Africa for the Common African Position on the Post-2015 (Pretoria, South Africa) Development Agenda. Participants agreed on the Year established 1998 importance of: applying international human Staff as of 31 December 2015 6 rights standards in the design and implementation Expenditure in 2015 US$945,808 of accountability frameworks to the post-2015 development agenda; upholding freedom of expression to help combat corruption and ensure better governance; consulting youth, persons with Results disabilities and persons in vulnerable situations; and ensuring an inclusive process for achieving Strengthening international human rights better results. mechanisms uu Establishment of participatory standing national Widening the democratic space coordinating bodies on reporting/replying to uu Participation of a wide range of civil society individual communications and enquiries; groups in the implementation of the National and integrated follow-up to recommendations Human Rights Action Plan II in Ethiopia (EA 5) of all human rights mechanisms in Angola and Civil society organizations in Ethiopia took Mozambique (EA 6) advantage of a consultation meeting that was In Mozambique, a road map was agreed upon in organized by the Ministry of Foreign Affairs and December for the establishment of a mechanism OHCHR on follow-up to UPR recommendations. to report and follow up on recommendations. It is The meeting provided participants with a expected that the Interministerial Committee will forum to express their views in relation to the be established in the first half of 2016. National Human Rights Action Plan II and the uu Positive reply to special procedures mandate- recommendations emanating from the human holders requests to visit Swaziland and Zimbabwe rights mechanisms that should be included in (EA 6) the Action Plan. The Ministry also invited these While no visits were undertaken by the special organizations to provide further inputs on the procedures to Swaziland or Zimbabwe, there development of the Action Plan, although it were three visits to the region: the Special remains unclear to what extent the invitation has Rapporteur on the human right to safe drinking enabled civil society organizations to contribute water and sanitation visited Botswana in to the process. OHCHR has been informed that November; the Independent Expert on the the Government finalized the development of enjoyment of all human rights by older persons the Action Plan. It is expected that the Action visited Mauritius in May; and the Special Plan will be discussed by regional and federal Rapporteur on violence against women visited authorities prior to its adoption by the Parliament. South Africa in December. In addition, Lesotho issued a standing invitation to the special procedures. uu The number and diversity of civil society actors and UNCTs submitting information to the UPR

150 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

in Angola, Comoros, Lesotho, Mozambique, In Lesotho, OHCHR provided support to Namibia, Seychelles, Swaziland and Zimbabwe is the Resident Coordinator by preparing an increased or maintained (EA 7) analysis of the human rights situation that has The Regional Office worked with NHRIs and been deteriorating since May and outlining civil society organizations in the region to recommendations for a preventive strategy. support them in preparing reports for the A Human Rights Up Front multi-disciplinary UPR of their respective countries. As a result, assessment mission concluded that the reports were submitted by CEPS, an umbrella precarious human rights, political and security organization that consists of 51 NGOs, and the situation in Lesotho required urgent and NHRI in Seychelles in relation to the second UPR stronger UN involvement. The deployment of cycle of Seychelles. In the case of Swaziland, a subsequent response light team to Lesotho the Regional Office worked with the UNCT was endorsed as part of a recommendation to to support the Government in preparing and strengthen the UN’s operational capacity on the submitting its report for the UPR. ground. The Light Team commenced its work at the beginning of November. Integrating human rights in development and in the economic sphere Regional Office for Southern Africa uu Meaningful participation of rights-holders (Pretoria, South Africa): in development and economic policies in Expenditure in 2015 Mozambique and South Africa (EA 5) Regular budget Extrabudgetary The Regional Office partnered with the expenditure expenditure South African Human Rights Commission in US$ in US$ and UN Women to hold a round table which Personnel and 119,985 545,149 provided a forum for discussion on the related costs food system in South Africa and the gender Activities and 23,800 164,606 stereotypes that undermine women’s productive operating costs contribution. The round table launched an Subtotal 143,785 709,755 advocacy campaign aimed at obtaining a Programme support - 92,268 commitment from the Government to implement costs gender-responsive budgets. GRAND TOTAL 143,785 802,023

Widening the democratic space uu NHRIs established and/or functioning in compliance with the Paris Principles in Angola, Botswana, Comoros, Mozambique and Zimbabwe (EA 1) The capacity of the NHRI in Mozambique to work on issues related to business and human rights was strengthened through its participation in a subregional training on human rights and business in the extractive industry that was co- organized by OHCHR and the NHRI in South Africa. The Regional Office also strengthened the capacity of the NHRI in Zimbabwe by delivering training for commissioners and staff on engagement with treaty bodies and on monitoring places of detention.

Early warning and protection of human rights in situations of conflict, violence and insecurity uu The protection of human rights is an integral part of the international community’s preparedness, response and recovery efforts in the context of humanitarian crises and is effectively integrated in the mandates, policies and actions of United Nations peacekeeping operations and special political missions (EA 11)

OHCHR REPORT 2015 151 OHCHR IN THE FIELD: AFRICA

Regional Office for West Africa (Dakar, Senegal) Year established 2007 Staff as of 31 December 2015 9 Expenditure in 2015 US$1,194,492

Results

Strengthening the effectiveness of international human rights mechanisms uu Burkina Faso ratifies OP-ICESCR and ICCPR-OP2 (EA 2) Draft laws for the ratification of the ICCPR- OP2 on the abolition of the death penalty and © Guillaume Bassinet/Lens On Life Human Rights Day celebration at the OHCHR regional office in the OP-ICESCR were finalized with technical Dakar. assistance from the Regional Office, however, they could not be submitted to the National After continuous engagement by the Regional Transitional Council due to the attempted Office, the Government has taken the lead military coup. in the dissemination of UPR and treaty body uu The Gambia ratifies the OP-ICESCR, OP-CEDAW, recommendations and a booklet containing these CAT and the ICCPR-OP2 (EA 2) recommendations will be launched in 2016. With After years of engagement and advocacy by OHCHR’s financial and technical support, the OHCHR, both with governmental and non- Gambia submitted its first alternative report to governmental actors, the Gambia acceded to CEDAW in line with the reporting guidelines. the Optional Protocol to the Convention on the uu National human rights institutions and civil Rights of Persons with Disabilities (OP-CRPD) society organizations in Benin, Burkina in June. The Regional Office has worked closely Faso, Cape Verde, the Gambia and Senegal with the Gambia Federation of the Disabled on increasingly engage with international and advocacy activities related to this ratification. regional human rights mechanisms (EA 7) uu Fully functioning participatory standing As a result of OHCHR’s technical advice, national coordinating bodies are established for a number of NGOs from Benin drafted reporting/replying to individual communications an alternative report to the Human Rights and enquiries; and integrated follow-up Committee. In the Gambia, following training to recommendations of all human rights provided by OHCHR, civil society organizations mechanisms. An increased number of reports increased their understanding of international submitted by Benin, Burkina Faso, Cape Verde, human rights mechanisms and their capacity to the Gambia and Senegal (EA 6) engage with them. The training was followed by The National Advisory Council on Human Rights, the establishment of an informal mechanism for Senegal’s national mechanism on reporting and consultation and information sharing. follow-up began drafting its national action plan for implementation of the recommendations Enhancing equality and countering issued by the treaty bodies and the UPR discrimination with the support of OHCHR. Furthermore, uu National laws have been harmonized with a document containing prioritized UPR and regional and international standards on non- CEDAW recommendations was elaborated and discrimination and equality in Burkina Faso, human rights indicators were developed for Cape Verde, the Gambia and Senegal (EA 4) each recommendation. As a result of OHCHR’s The Gambia is in the process of drafting a consistent support, the Government of Senegal Disability Act and a related policy. Civil society responded in a timely fashion to CEDAW’s organizations and OHCHR advocated for the list of issues. In the Gambia, an OHCHR drafting of the legislation through a number of workshop on treaty body reporting resulted activities, including the celebration of the Day for in the elaboration of a plan of action for the Persons with Disabilities that was organized in establishment of a national mechanism on cooperation with the Federation for the Disabled reporting and follow-up to recommendations. and the Ministries of Justice and Health.

152 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

uu Judicial procedures are simplified to improve human rights violations. The Gambian Ministry of access to justice for those who are discriminated Justice integrated the creation of a NHRI into its against (in particular migrants, persons with strategic plan and a bill is being drafted. In Benin, disabilities, women and LGBTI persons) in Senegal a draft law on the Human Rights Commission, (EA 4) in compliance with the Paris Principles, was In Senegal, women’s rights in custodial settings finalized with the technical assistance of the have been promoted in an OHCHR report on Regional Office. The draft has not yet been women’s rights in detention places. Some of the submitted to Parliament for approval. report’s recommendations have been taken into uu Increased participation of women in political life, account in relation to the ongoing legislative specifically in parliaments and local institutions reform of the Criminal and Family Codes. Despite in Benin and Senegal (EA 5) the increased awareness and advocacy meetings Following a briefing session organized by OHCHR held with the Special Advisor to the President on for parliamentarians in Senegal, their knowledge vulnerable groups and the General Directorate of about women’s rights was increased. This will Social Action of the Ministry of Health and Social contribute to the drafting and review of laws and Action, the decree to create the High Authority for policies to enhance women’s rights in Senegal. promoting the rights of persons with disabilities The President of the Assembly has established has not been issued. OHCHR will continue to a working group of parliamentarians to make advocate for this result. relevant proposals.

Integrating human rights in development and in Regional Office for West Africa the economic sphere (Dakar, Senegal): uu UNDAF incorporates a human rights-based Expenditure in 2015 approach in Benin, Burkina Faso, Cape Verde, the Regular budget Extrabudgetary Gambia and Senegal (EA 11) expenditure expenditure In Benin, OHCHR contributed to the launch of an in US$ in US$ online platform to coordinate the midterm review Personnel and 928,161 78,671 of the UNDAF in 2016. The Regional Office also related costs ensured the integration of recommendations Activities and 86,676 78,628 issued by the UPR and the human rights treaty operating costs bodies in the implementation of the UNDAF. Subtotal 1,014,837 157,299 In the Gambia, a Common Country Assessment Programme support - 22,356 (CCA) was elaborated which integrated a human costs rights-based approach and recommendations from GRAND TOTAL 1,014,837 179,655 the human rights mechanisms. OHCHR provided technical guidance and facilitated the participation of civil society in the drafting process.

Widening the democratic space uu A national human rights institution has been established and works in conformity with international standards in Benin, Burkina Faso, Cape Verde, the Gambia and Senegal (EA 1) With the support of the Regional Office, NHRIs have been established, strengthened or are in the process of being set up in countries of the region. In Burkina Faso, a law reviewing the statute of the NHRI, compliant with the Paris Principles, was drafted and validated with technical assistance from OHCHR. In Cape Verde, OHCHR’s advocacy led to the creation of the Ombudsman Office in line with the Paris Principles. The Regional Office also contributed to the increased knowledge of the staff of the NHRI in relation to the © Christian Sanon/I.Plus international human rights protection system and OHCHR staff members monitoring the electoral process in Burkina methodologies on monitoring and reporting on Faso.

OHCHR REPORT 2015 153 OHCHR IN THE FIELD: AFRICA

LGBT rights in Senegal Human Rights Components in UN Peace Missions Souleyman* is the leader of an association that defends the human rights of LGBTI persons in Senegal. Actual or perceived LGBTI persons in Senegal are frequently United Nations Multidimensional the victims of discrimination, homophobic violence and persecution. In the past, members of Souleyman’s Integrated Stabilization Mission in the association were convicted and imprisoned for alleged Central African Republic “acts against nature.” In this context, there is limited Year established 2000 space for his association, and others like it, to promote Staff as of 31 December 2015 85 and protect the rights of LGBTI persons. The OHCHR Regional Office for West Africa partnered with these associations to strengthen their capacities to defend the Results human rights of everyone. Strengthening the effectiveness of international human rights mechanisms The Regional Office empowered Souleyman and uu Government ratifies outstanding core human 24 representatives of 12 associations that are working rights instruments, in particular the ICPPED and with LGBTI persons to organize different training the OP-ICESCR (EA 2) activities. As an immediate result, participants began The Central African Republic has ratified five documenting cases of the arbitrary arrests of actual or of the nine core international human rights perceived LGBTI persons. For instance, a participant of treaties. Delays in ratification of the remaining the training immediately contacted the president of his treaties are due to the Transitional Government’s association when three persons were arbitrarily arrested shift in priorities and commitments and as a one week after the training. This enabled his association, result of the volatile security situation. Based on as well as national and international organizations, to the recommendations issued by the Universal take immediate action. After this intervention, the three Periodic Review (UPR), human rights treaty individuals were released. The Office has also facilitated bodies, special procedures and the International a constructive dialogue between UN staff members in Commission of Inquiry on the Central African West Africa and members of the associations. This has Republic, the Human Rights Division (HRD) of bolstered their courage to increase their monitoring and the United Nations Multidimensional Integrated documentation of violations. Stabilization Mission in the Central African *Not his real name. Republic (MINUSCA) will continue to undertake advocacy activities for the ratification of the remaining human rights instruments.

Combating impunity and strengthening accountability and the rule of law uu Increased number of human rights cases processed by the justice system (EA 1) In 2015, the administration of justice continued to be largely dysfunctional, despite increased support from the HRD to reopen courts and detention facilities. The absence of judicial institutions and State officials with the capacity to operate them outside of the capital created a vacuum that has been filled by armed groups who are acting as de facto State authorities in some parts of the country. The existing judicial authorities are faced with a critical lack of institutional capacity to function effectively, especially with regard to investigating and prosecuting the perpetrators of crimes, including crimes constituting human rights violations. Further, the limited visibility of judicial institutions outside Bangui obstructed the ability of victims to bring complaints against alleged perpetrators.

154 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

uu A comprehensive transitional justice strategy is Widening the democratic space adopted and implemented (EA 3) uu By 2017, the National Commission of Human A number of capacity-building activities were Rights is established and functioning in carried out to promote the establishment of accordance with the Paris Principles (EA 1) transitional justice mechanisms. The HRD In December 2010, a law was drafted to establish organized four workshops with national an independent national human rights institution stakeholders on transitional justice mechanisms (NHRI) functioning in accordance with the Paris for 200 participants composed of civil society Principles. Although the draft was transmitted organizations, community leaders, lawyers, to the National Assembly for its adoption in journalists and magistrates. The workshops 2012, the country’s volatile security situation resulted in the appointment of institutional prevented any discussion by relevant authorities. focal points on transitional justice within In addition, the violent crisis that erupted at the the Ministry of Justice and the Ministry for end of September, coupled with the holding of National Reconciliation. In September, the elections, led the Transitional Government to HRD collaborated with the Ministry of Justice prioritize other activities. In 2015, the HRD held and the Ministry for National Reconciliation consultations and undertook advocacy with the and organized a four-day seminar on the fight Transitional Government to ensure that the review against impunity. Approximately 160 participants and adoption of the draft legislation becomes a discussed issues related to the fight against priority once again. impunity, including the implementation of judicial mechanisms, institutional and transitional Early warning and protection of human rights justice reforms, temporary urgent measures and in situations of conflict, violence and insecurity programmes for the protection of victims and uu National protection mechanisms are established witnesses. In July, the HRD participated in the to ensure protection and greater accountability first Task Force meeting on the establishment for human rights violations, including a national of the Commission of Truth chaired by the committee for the prevention of the crime of Deputy Special Representative of the Secretary- genocide (EA 3) General. Participants included representatives In July, the Transitional Government established a from the Ministries of Justice and for National National Committee on Genocide Prevention. The Reconciliation. During the meeting, participants HRD supported the organization of an international reviewed the terms of reference of the Task Force seminar for the establishment of national and the road map for the establishment of the committees for the prevention of genocide. Commission. The seminar was attended by approximately © UN Photo/Attawa Coscia Ghislaine Atta © UN Photo/Attawa Coscia Ghislaine

The High Commissioner participates at the opening ceremony of the International Seminar on the Fight against Impunity in Bangui, Central African Republic, September 2015.

OHCHR REPORT 2015 155 OHCHR IN THE FIELD: AFRICA

40 representatives from the Transitional United Nations Operation in Côte d'Ivoire Government and civil society. During the seminar, Year established 2004 participants discussed the Committee’s mandate and additional steps that need to be taken in order Staff as of 31 December 2015 64 for it to become operational. uu Human rights-based approaches incorporated into the work of MINUSCA’s components and Results peacebuilding policies and programmes (EA 11) On 1 April, the Special Representative of the Strengthening the effectiveness of international Secretary-General signed a standard operating human rights mechanisms procedure (SOP) for the implementation of the uu Improved engagement with the international Human Rights Due Diligence Policy (HRDDP) human rights mechanisms by the Government in the Central African Republic. The HRD, as through the establishment of participatory the HRDDP Secretariat, took the lead in the standing national coordinating bodies on implementation of the Policy at the peace reporting/replying to individual communications mission level, including by developing an and enquiries; integrated follow-up to operational mechanism for the establishment of recommendations of all human rights risk assessments; ensuring internal and external mechanisms and the timely submission of communication in relation to the Policy; mapping reports to treaty bodies and the UPR; and full the ongoing and foreseen UN support to non-UN cooperation with special procedures mandate- security forces in the Central African Republic; holders, especially the Independent Expert on the initiating a preliminary risk assessment of the situation of human rights in Côte d'Ivoire (EA 2) country’s security and defence forces; and In November, the Independent Expert developing an information management system. carried out his third visit to Côte d'Ivoire. During 2015, the HRDDP Secretariat received and The Government cooperated with the processed 14 requests for support that would expert, granting him meetings with high- include a review, analysis and risk assessment. level representatives and access to places The Senior Leadership of MINUSCA authorized of detention. Additionally, the Government support for seven of these requests, on the developed a road map for the implementation condition that the mitigating measures proposed of the recommendations issued by the UPR and by the Secretariat would be implemented. the human rights treaty bodies. This project

Setting up transitional justice mechanisms in the Central African Republic: An ongoing support to national authorities

The Transitional Government’s Foreign Affairs. Approximately 258 assembly, the judiciary, religious adoption on 10 May of the youth delegates, 100 of whom were leaders and representatives of Pacte républicain pour la paix, women, participated in the event victims’ and witness associations, la réconciliation nationale et la and were trained on the use of women’s associations, civil reconstruction en République transitional justice as an alternative society organizations, as well Centrafricaine, at the Bangui Forum measure to fight against impunity. as United Nations partners and for National Reconciliation, reaffirmed The event also provided an the international community. the Government’s commitment to opportunity to share the experiences The workshop resulted in the work towards reconciliation and fight on transitional justice of seven other development of significant against impunity. African countries, including Burundi, recommendations, which have Côte d'Ivoire, Liberia, Sierra Leone, been endorsed by the national OHCHR organized a series South Africa, Uganda and Togo. authorities, including regarding the of activities to support establishment of a special criminal the implementation of the In September, the Office facilitated court and of a national human recommendations which emerged a four-day workshop on the fight rights institution in line with the from the Forum. On 4 July, the against impunity. The workshop Paris Principles, as well as the Office partnered with the Réseau was chaired by the Ministry undertaking of a mapping exercise des Jeunes Volontaires pour la Paix of Justice and Human Rights of serious violations of human rights en République Centrafricaine to and the Ministry of National and international humanitarian organize a seminar on transitional Reconciliation and was attended law that have been committed in justice for Central African youth by 160 participants, including the Central African Republic since organizations at the Ministry of members of the transitional national January 2003.

156 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

was undertaken with the participation of several ministries and key partners and the support of the Human Rights Division (HRD) of the United Nations Operation in Côte d'Ivoire (UNOCI).

Widening the democratic space uu The National Human Rights Commission improves its compliance with the Paris Principles (EA 1) The National Human Rights Commission (NHRC)

adopted its five-year strategic action plan and Adegboye © UN Photo/Abdul Fatai presented its first annual report on the human rights situation in Côte d'Ivoire to the President of the Republic. In addition, the NHRC initiated the process to be accredited by the International Coordinating Committee of National Human Rights Institutions. It also reactivated the National Human Rights Forum; a public platform where Students at a primary school in Côte d’Ivoire. civil society, State and international partners meet to exchange information on human rights issues. Most of these activities were carried out with African Union-United Nations Hybrid significant assistance from the HRD. Operation in Darfur

Early warning and protection of human rights Year established 2008 in situations of conflict, violence and insecurity Staff as of 31 December 2015 87 uu A National Strategy to fight gender-based violence and its National Action Plan are implemented (EA 1) Implementation of the National Strategy on Results Sexual and Gender-Based Violence in Côte d'Ivoire remains weak. UNOCI contributed to Strengthening international human rights the mapping of activities implemented under mechanisms the Strategy which revealed that the overall uu Increased engagement by the Sudan with level of implementation is low due to a failure to international and regional human rights disseminate the Strategy. This prevented relevant mechanisms relevant to Darfur (EA 6) stakeholders from developing a sense that the In 2015, visits were undertaken by the Strategy could be fully appropriated by all actors, Independent Expert on the situation of the human particularly at the institutional level. rights in the Sudan and the Special Rapporteurs uu A mechanism to prevent violence in the context of on violence against women, its causes and elections and a Code of Ethics for security forces to consequences and on the negative impact of the prevent and respond to threats to civilians are in unilateral coercive measures on the enjoyment of place before the 2015 elections (EA 3) human rights. The Human Rights Section (HRS) Although a Code of Ethics was not established for of the African Union-United Nations Hybrid the security forces working during the elections, Operation in Darfur facilitated meetings of the HRD organized several sensitization events the experts with government authorities, non- and meetings for the army and the security forces governmental entities and the UNCT. to ensure their proper handling of the elections. On the day of the elections, the HRD deployed 21 Combating impunity and strengthening teams across the country which did not record a accountability and the rule of law single instance of abuse by security forces. Several uu Significant increase of compliance with civil society mechanisms were put in place to international human rights norms and standards monitor the human rights situation in the lead up by courts and traditional justice mechanisms, as to and during the elections. well as police and prisons in relation to arrest and detention (EA 1) In West Darfur, the HRS carried out awareness- raising and advocacy campaigns to advocate for the adoption of the State Disability Act, including through a training session for parliamentarians on international standards related to the rights

OHCHR REPORT 2015 157 OHCHR IN THE FIELD: AFRICA

United Nations Joint Human Rights Office in the Democratic Republic of the Congo Year established 1996 (as a stand- alone office) and 2008 (integration with the Human Rights Division of DPKO) Staff as of 31 December 2015 123

Results

© UNAMID/Mohamad Mahady Combating impunity and strengthening OHCHR training on human rights and Sudanese law for rural court accountability and the rule of law members in North Darfur, November 2015. uu Increased number of convictions for human rights violations referring to international human rights of persons with disabilities. The bill was law (EA 1) drafted, approved by Parliament and sent to the During 2015, the United Nations Joint Human Governor’s cabinet. The draft is awaiting final Rights Office in the Democratic Republic of approval before its adoption. the Congo (UNJHRO) recorded a total of 284 convictions for human rights violations in the Early warning and protection of human rights national courts. In 2014, 225 such convictions in situations of conflict, violence and insecurity were recorded. Since the Democratic Republic uu Establishment of frameworks, policies, mechanisms of the Congo (DRC) does not have a national and initiatives to prevent and respond to human judicial data reporting system, the UNJHRO field rights violations by State and non-State actors in the offices monitor and report on judicial activity context of conflict, violence and insecurity (EA 3) each month, including regarding cases of State The Ministry of Justice appointed new prosecutors agents and members of armed groups who in all Darfur states, thereby contributing to an have been convicted of crimes that involved increase in the number of cases brought before a violation of human rights or humanitarian the courts for judicial redress in all five regions law. A substantial number of these convictions of Darfur. Moreover, out of the 151 cases the resulted from advocacy that was undertaken by HRS reported to Government authorities, 46 the UNJHRO with military prosecutors to open a were investigated which led to 30 arrests and judicial investigation. The UNJHRO also provided 14 trials. Also, due to long-standing advocacy technical and logistical assistance to military undertaken by various actors, including the justice authorities for investigations into grave HRS, a number of amendments were made, in violations and the operation of mobile courts for February, to provisions in the Sudan Criminal Act. the subsequent trials. This resulted in important changes to legislation uu Development of a nationally-owned holistic addressing the crime of rape. framework for transitional justice (EA 3) On 10 December, Parliament adopted the final version of the legislation implementing the Rome Statute, which was promulgated by the President in January 2016. The adoption of this legislation represents a positive development with respect to the fight against impunity as it: addresses a gap in the previous legislative framework by adding definitions of international crimes to the Penal Code; abolishes immunity for officials, including the President and Members of Parliament; provides that amnesty cannot be granted for international crimes; and contains provisions strengthening the cooperation of the DRC with the International Criminal Court. Nevertheless,

158 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

the legislation also provides for the execution of space and an allocated budget to be operational. the death penalty for war crimes, crimes against In the meantime, the UNJHRO organized a humanity and genocide. This is a marked step number of capacity-building activities for the backwards as the Congolese courts which had Commission, including a two-day workshop to already been applying the Rome Statute had help clarify the mandate and responsibilities of generally not imposed the death penalty. The the Commissioners and a training session on basic UNJHRO conducted advocacy in relation to the human rights principles, monitoring and planning. adoption of this legislation and legislation on the In addition, the UNJHRO held a series of needs specialized mixed chambers as well as on other assessment meetings for a steering committee that legal reforms. was established by the NHRI in order to draft an interim workplan. Widening the democratic space uu The draft bill for the protection of human rights Early warning and protection of human rights defenders is adopted (EA 1) in situations of conflict, violence and insecurity Despite the extensive advocacy that was uu Increased number of human rights violations undertaken by representatives of NGOs and cases investigated and brought to justice by Joint human rights defenders, with the support of the Human Rights Investigation Teams (EA 3) UNJHRO, no significant progress was achieved In 2015, the UNJHRO provided financial and regarding the adoption of a law on the protection technical support for eight Joint Human Rights of human rights defenders. For instance, in Investigation Teams (JITs) and 10 mobile November 2013, the UNJHRO helped to organize court hearings for cases of grave human rights a technical workshop with human right defenders, violations. The JITs undertook investigations a few committed Members of Parliament and and held mobile court trials for several high- representatives of the Ministry of Justice and level perpetrators, such as former National Human Rights. Although draft legislation was Police Commissioner Mpiya Abraham who was prepared during the workshop, the draft never convicted and sentenced in October to 15 years made it to the National Assembly as the Members in prison for crimes against humanity. In 2015, of Parliament supporting the legislation indicated the JITs and mobile court hearings took place that some of their colleagues considered it to be in the provinces of Equateur, Maniema, North unconstitutional. The promoters of the draft must Kivu, Orientale and South Kivu. Many cases now amend the legislation and have it validated were investigated and tried that involved human before identifying the Members of Parliament who rights violations, war crimes and crimes against would be likely to accept and endorse the draft humanity such as murder and acts of sexual before submitting it to the National Assembly for violence that included rape and torture. consideration. The UNJHRO organized several uu Human rights principles and standards working meetings with various stakeholders, mainstreamed into humanitarian planning and including representatives of the Ministry of programming processes (EA 11) Justice, the NHRI, civil society organizations and The DRC’s UNDAF midterm review was finalized key Members of Parliament who may be willing to advocate for the review and revision of the draft. uu Five functional protection networks operating at the provincial and national levels are established (EA 1) Currently, there are six functional provincial protection networks in place in Bukavu (South Kivu), Bunia (Ituri), Goma (North Kivu), Kalemie (Tanganyika), Kinshasa (Kinshasa) and Kisangani (Tshopo), which are being managed by UNJHRO protection officers. uu The NHRI is working in compliance with the Paris Principles (EA 1) After years of waiting for the appointment of Commissioners, nine members were selected through a transparent system and sworn in on © MONUSCO/Abel Kavanagh School children in Goma, Democratic Republic of the Congo, 23 July. As of December, the National Human participate at the celebration of Human Rights Day organized by Rights Commission was still waiting for office the United Nations Joint Human Rights Office.

OHCHR REPORT 2015 159 OHCHR IN THE FIELD: AFRICA

functioning of the justice system. The Human Rights Section (HRS) of the United Nations Integrated Peacebuilding Office in Guinea- Bissau (UNIOGBIS) provided technical and logistical support to the Special Rapporteur and accompanied her during meetings with executive, legislative and judicial authorities.

Enhancing equality and countering discrimination uu Increase of 30 per cent in the representation of women in parliament, the judiciary and in governor positions (EA 4) In 2015, the President of the Republic, the President of the Parliament and the Prime Minister © MONUSCO/Abel Kavanagh committed to undertaking measures to address The United Nations Human Rights Joint Office presents to civil society partners its mapping project on gross violations of human women’s rights, in particular the right to political rights and international humanitarian law perpetrated in the participation. To contribute to this effort, the HRS Democratic Republic of the Congo between March 1993 and June supported the preparation of the Canchungo 2003. Declaration, which was approved by the National Assembly. The Declaration outlined 16 practical in September. The centrality of human rights was actions to facilitate gender mainstreaming, reiterated and a strong recommendation was including the establishment of a minimum quota made to increase the familiarity of stakeholders of 40 per cent for women’s representation at all with a rights-based planning process. The UN in levels of the decision-making process. the DRC further adopted a standard operating procedure on the Human Rights Due Diligence Combating impunity and strengthening Policy, conditioning all UN support to non- accountability and the rule of law UN security forces to a risk assessment. The uu Human rights are an integral part of the training UNJHRO regularly participated in meetings of the programmes of the Bar Association; the refresher UNCT and contributed to relevant coordination courses for judges; and recruitment training for mechanisms to discuss protection issues and security forces (army and police) and corrections ensure that international human rights principles personnel (EA 1) and standards are taken into consideration in In 2015, the HRS provided training to two groups the planning of the humanitarian response to of 60 magistrates and 60 investigators, both emerging needs in conflict situations. civilian and military, on international human rights standards with a particular focus on the independence of judges, prosecutors and lawyers. United Nations Peacebuilding Support As a result of the training, national authorities Office in Guinea-Bissau proposed a revision of the Code of Military Year established 1999 (as the Human Justice, which is in contradiction with some Rights Section of provisions of the Constitution. UNOGBIS; as an integrated mission Widening the democratic space since 2010) uu A nationwide human rights network established Staff as of 31 December 2015 13 and fully functioning (EA 5) The HRS continued to support the Network of Human Rights Defenders, established in 2013, in its Results efforts to establish offices in the country’s regions. It also trained additional human rights focal points Strengthening the effectiveness of international in three regions, primarily consisting of members human rights mechanisms of youth organizations, women’s associations and uu Positive response to requests of special procedures persons with disabilities. Following the training, the mandate-holders to visit the country (EA 6) human rights focal points were able to effectively In October, the Special Rapporteur on the identify and report on human rights violations in independence of judges and lawyers undertook their respective communities, both to the UN and a country visit to Guinea-Bissau to assess the to local authorities.

160 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

United Nations Mission in Liberia national police officers. Initiatives have also been undertaken by the HRPS to support the Year established 2003 institutionalization of human rights training and Staff as of 31 December 2015 44 monitoring at the Bureau of Immigration and Nationalization and the armed forces. Trained instructors have been deployed to support human Results rights training at both institutions. uu A human rights-compliant transitional justice Strengthening international human rights process developed and implemented. Increased mechanisms recognition of the Truth and Reconciliation uu Establishment and functioning of a national body Commission (EA 3) to coordinate human rights treaty body reporting. In September, the President issued a fourth Identify and invite special procedures mandate- progress report on the status of implementation holders and ensure systematic follow-up of treaty of the recommendations from the Truth and and UPR recommendations (EA 6) Reconciliation Commission. To date, 64 per cent The Ministry of Justice’s strategy on reporting to of the recommendations have been implemented the human rights treaty bodies has been put into or are in the process of being implemented. practice with the preparation of the draft common core document. This was made possible through Integrating human rights in development and in technical support provided by the Human Rights the economic sphere and Protection Section (HRPS) of the United uu Increased participation of the population, Nations Mission in Liberia (UNMIL). Furthermore, particularly women, discriminated groups and support for the reporting process will soon be CSOs, in the development of Liberia’s National provided by a coordinated mechanism consisting Vision 2030 priorities, national policy and budget of relevant ministries and other State institutions. allocations; and in monitoring the right to health (EA 5) Combating impunity and strengthening The Liberia Civil Society National Budget and accountability and the rule of law Human Rights Forum conducted activities to uu Constitutional amendments provide greater support the inclusion of a human rights-based protection for human rights, strengthen protection approach in the national budget process. The against discrimination and foster genuine Forum reviewed the allocations of community equality (EA 1) and social development funds for 2015-2016 The Independent National Commission on in relation to six counties in order to support Human Rights (INCHR) continued advocating inclusive development with a focus on more for the integration of human rights in the context remote areas. A booklet on the review was of the review of the Constitution. Based on the prepared and disseminated to community-based recommendations of the Constitution Review organizations in the six counties to enhance their Committee, the President of Liberia wrote awareness about budget allocations. The Forum to Parliament in August and highlighted 25 also analyzed the budget allocations related to constitutional provisions that need to be amended, reducing maternal and infant mortality rates including a discriminatory provision on citizenship. and supporting sexual and reproductive rights Many of INCHR’s other recommendations were for 2015-2016. The HRPS provided technical not reflected in the proposal, including the assistance to strengthen the capacity of the development of a bill of rights. Forum. uu Improvements in the administration of justice uu Periodic and final reviews of One Programme include: availability of remedies for violations; indicate that human rights have been juvenile justice facilities and the abolition of the mainstreamed in the majority of UN programmes death penalty for children; effective oversight and are based on a human rights-friendly mechanisms; periodic impact assessments; human monitoring and evaluation framework (EA 11) rights mainstreamed into the core curricula In late 2015, the HRPS developed terms of of justice sector actors; and implementation of reference to establish a UNCT human rights criminal justice reform priorities (EA 1) working group to ensure that human rights With the technical support of the HRPS, a are mainstreamed in UNCT’s programmes. The mechanism that consists of trained human rights HRPS continued to train the UNCT, civil society, instructors at the police academy has become government programme officers and the INCHR operational to support and enhance human on how to apply a human rights-based approach rights training and monitoring of Liberia’s to programming.

OHCHR REPORT 2015 161 OHCHR IN THE FIELD: AFRICA

Widening the democratic space uu National Human Rights Commission increases its compliance with international human rights standards (EA 1) As of December, 26 monitors of the INCHR are present in all 15 counties of Liberia. In April, the HRPS provided extensive training on human rights monitoring, reporting and advocacy for the monitors and Commissioners of the INCHR and select civil society representatives. In addition, with the support of the HRPS, the INCHR published its first annual report, in October, which highlighted critical human rights issues confronting Liberia and included a number of recommendations. Despite the progress achieved, challenges remain. For example, the © MINUSMA/Harandane Human rights officers collecting testimonies of violations of human sustainability of the monitoring programme is at rights in Timbuktu, Mali. stake due to budgetary constraints. Moreover, although the tenure of six INCHR Commissioners Combating impunity and strengthening expired in October, they continued working. This accountability and the rule of law created confusion and raised concerns about the uu A credible and independent Truth and credibility of the Commission. Reconciliation Commission is functioning, like other transitional justice mechanisms, in Early warning and protection of human rights compliance with international standards (EA 3) in situations of conflict, violence and insecurity The Truth, Justice and Reconciliation Commission, uu Substantial integration of human rights in the established in January, became operational work of all UNMIL components (EA 11) with the appointment of its President in August UNMIL has integrated the Human Rights Due and 14 Commissioners in October. The Human Diligence Policy in the training of peacekeepers. Rights Division (HRD) of the United Nations The HRPS provided ongoing technical support, Multidimensional Integrated Stabilization Mission including training and advocacy, to ensure the in Mali (MINUSMA) provided technical advice inclusion of the Policy. Also, as a result of these to the Commissioners and other members in efforts, a human rights risk assessment must the elaboration of internal working documents, now be conducted before resources can be such as rules, a strategy and an action plan. allocated to Liberian security agencies within In addition, the HRD trained Commissioners the framework of quick impact projects run by on the norms and principles of transitional UNMIL. justice. It provided support to members of the Commission in carrying out field visits to northern and southern regions of Mali to meet United Nations Multidimensional with local authorities and civil society in order Integrated Stabilization Mission in Mali to raise awareness about the Commission’s Year established 2013 mandate, discuss its strategy and vision and the concerns and expectations of the local population Staff as of 31 December 2015 73 regarding justice and reconciliation.

Early warning and protection of human rights Results in situations of conflict, violence and insecurity uu Joint protection assessments carried out in four Strengthening the effectiveness of international regions and their recommendations used to refine human rights mechanisms the protection response of all relevant actors (EA 3) uu Positive responses to requests for country visits The HRD played a critical role in the protection of from special procedures mandate-holders (EA 6) civilians by undertaking 102 missions to monitor The Independent Expert on the situation of and report on the situation of human rights and human rights in Mali carried out visits to the protection issues in Mali, in accordance with country in March and October. No invitations Security Council resolution 2227. Three reports were extended to other mandate-holders. were released in 2015. While the HRD met with the Ministry of Justice on several occasions

162 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

to advocate for the implementation of key other stakeholders; supporting the drafting of the recommendations outlined in the reports, the report; and participating in a workshop for the Government did not release an official reaction. validation of the draft report. Moreover, the HRD supported the establishment of a working group, composed of national Widening the democratic space human rights organizations, to follow up on the uu Legislation for the establishment of a NHRI and recommendations. on the media adopted in compliance with human uu Mechanisms and initiatives are adopted to rights standards (EA 1) increase human rights protection in the context of On 28 December, Somalia’s Federal Parliament conflict, violence and insecurity (EA 3) adopted the Media Law, which has been pending The HRD organized a workshop in the Timbuktu approval since September 2014. The Parliament region on early warning for a group of 90 made substantial amendments to the draft and the participants, including administrative authorities, National Union of Somali Journalists welcomed its members of the civil society and the Malian adoption. Defence and Security Forces. The workshop led local authorities to identify focal points for early Early warning and protection of human rights warning and the prevention of human rights in situations of conflict, violence and insecurity violations in three communes. The focal points, uu Security Council and Human Rights Council who have been trained on monitoring human resolutions take human rights concerns into rights violations, regularly inform authorities account (EA 10) about the human rights situation in their Security Council resolution 2245, which expanded respective areas. the mandate of the United Nations Support uu The Human Rights Due Diligence Policy is Office for the African Union Mission in Somalia, effectively implemented by MINUSMA (EA 11) made clear references to accountability for In January, MINUSMA adopted a standard the implementation of the Human Rights Due operating procedure on the implementation of the Diligence Policy. In addition, Security Council Human Rights Due Diligence Policy in Mali. In resolution 2244, which extended the mandate addition to providing training on the Policy, the of the Somalia and Eritrea Monitoring Group, HRD regularly raised the awareness of UN actors included inputs from the HRS that called for and national and international partners about the civilian oversight of the Somali security forces and Policy and conducted regular assessments of the the investigation and prosecution of individuals potential risks and benefits involved in providing who are responsible for violations of international support to security forces. humanitarian law. uu Human rights are included in the standard training of the African Union Mission to Somalia United Nations Assistance Mission in Security Forces (EA 11) Somalia The HRS provided regular guidance to the Year established 2008 African Union Mission to Somalia Security Forces Staff as of 31 December 2015 20

Results

Strengthening international human rights mechanisms uu The national report for the second UPR cycle is submitted on time (EA 6) The national report for Somalia’s second UPR cycle was submitted on time. The Human Rights Section (HRS) of the United Nations Assistance Mission to Somalia contributed to this result by: supporting the Interministerial Team to report on the status of implementation of the 2011 report; organizing nationwide consultations to © UNSOM A human rights officer with the United Nations Assistance Mission ensure national ownership of the process and in Somalia (UNSOM) facilitates a workshop on human rights and engage regional and State governments and peace building in Mogadishu, Somalia, August 2015.

OHCHR REPORT 2015 163 OHCHR IN THE FIELD: AFRICA

(AMISOM) on the Human Rights Due Diligence Policy and conducted regular pre-deployment training on human rights standards and in- country refresher training. In 2015, the HRS contributed to six induction trainings and trained over 400 AMISOM officers. Furthermore, the HRS trained over 10,000 Somali National Army officers in 2015, including 47 officers that were trained as human rights instructors.

United Nations Mission in South Sudan

Year established 2011 © UNMISS Staff as of 31 December 2015 111 A human rights officer meets with the local community in Cueibet County, South Sudan, as part of a UNMISS human rights’ awareness and sensitization campaign.

Results Combating impunity and strengthening accountability and the rule of law Strengthening international human rights uu Establishment of a moratorium on the application mechanisms of the death penalty (EA 1) uu Ratification of ICCPR, ICESCR, CEDAW, CRC, Death sentences continued to be imposed in CERD, ACHPR and their related protocols, without South Sudan and no official moratorium has been reservations, including the ICCPR-OP2 (EA 2) established. On 30 April, South Sudan acceded to CEDAW uu Increased number of cases brought before the and its Optional Protocol; the Convention against judiciary which follow fair trials and due process Torture and other Cruel, Inhuman or Degrading and in which customary law has been applied Treatment or Punishment (CAT) and its Optional in compliance with international human rights Protocol; and the CRC. The Human Rights standards (EA 1) Division (HRD) of the United Nations Mission in The continuing conflict has further weakened the Republic of South Sudan (UNMISS) supported the judicial system in South Sudan, where the the ratification process through the provision of judicial and law enforcement actors have limited technical assistance to the Ministry of Justice, line capacity to administer justice in accordance with ministries and Parliament. international human rights standards. This is coupled with a complete absence of statutory Enhancing equality and countering justice institutions in large portions of the country. discrimination For instance, in states like Unity and Upper Nile uu Participation of CSOs, women, youth, persons State, there is no functioning court system. The with disabilities and faith-based groups in the impact is evident across every element of the constitutional and law review processes (EA 5) criminal justice system, resulting in such abuses Due to the ongoing crisis, processes related as arbitrary arrests and detentions, prolonged to constitutional review were suspended. The detentions, failure to respect fair trial processes Agreement on the Resolution of Conflict in and ill-treatment, among other human rights South Sudan of August 2015 provides for the concerns. The HRD followed 65 trials and establishment of the National Constitutional observed that human rights standards, including Amendment Committee to draft the necessary due process and fair trial guarantees, are rarely constitutional amendments for the transition to complied with during proceedings. In this take place. The process has not been initiated, context, customary courts continue to handle a however, due to delays in implementation of the significant number of cases and this trend has Agreement. When the process commences, the increased considerably during the conflict. There HRD will advocate for the participation of rights- is also growing evidence of traditional authorities holders, including women and discriminated- taking on the role of local-level criminal courts, against groups. adjudicating cases beyond their jurisdiction, violating fair trial standards and imposing illegal fines and sentences; all of which are in

164 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

contravention of national laws and international uu Oversight bodies and accountability mechanisms human rights principles. In order to address the established or strengthened for the army, police observed shortcomings, the HRD organized three and prisons (EA 3) sensitization activities for members of traditional Despite the severity of the violations of human courts on human rights standards. rights and humanitarian law that are being perpetrated by both sides of the conflict in South Widening the democratic space Sudan, no tangible accountability mechanisms have uu A South Sudan Human Rights Commission, been established. The Government took some accredited by the International Coordinating initial steps in this regard and established several Committee, has 10 state offices and is effectively committees, including a national investigation monitoring human rights violations (EA 1) committee into human rights abuses. Yet so While the HRD conducted a number of activities, far, these initiatives have failed to produce any primarily training, to strengthen the Human Rights identifiable results. The HRD advocated for and Commission’s capacity to investigate human rights supported accountability processes and continued violations, its ability to implement the full range to conduct field missions to monitor and assess of planned activities was negatively impacted the human rights situation, while undertaking by the ongoing internal conflict in the country protection interventions, including in cases of and the restrictive changes made to the peace SGBV. The HRD also monitored detention centres mission’s mandate. In addition, the Human Rights on a monthly basis, including police stations Commission was unable to establish offices in and prisons, to ensure their compliance with at least four conflict-affected states due to the international human rights standards. ongoing hostilities. uu A framework for exchange on the human rights uu Constitution, laws and polices increasingly dimension of humanitarian action and its comply with human rights standards in relation integration in field activities is in place (EA 11) to freedoms of opinion and expression, peaceful A United Nations-wide effort has been initiated assembly, association, conscience, religion to lay the foundations for durable solutions for and belief, decriminalization of all forms of internally displaced persons (IDPs) and returning defamation and prohibition of incitement to refugees. UNMISS is working to provide the hatred (EA 1) necessary security conditions while the UNCT is During the year, the space for freedom of expression supporting the delivery of humanitarian assistance and dissent has decreased and no significant reforms at central and local levels, including by setting were introduced to promote freedom of expression. up national information management systems As a member of the South Sudan Media Sector related to IDP profiling. The HRD established Working Group, convened by UNESCO and co- mechanisms to monitor and ensure that all chaired by the Association of Media Development in activities are carried out in compliance with the South Sudan, the HRD lobbied for the amendment Human Rights Due Diligence Policy. of media laws, advocated for press freedom and promoted better working relationships between the media, Government and security organs. The HRD also organized a workshop on freedom of expression for journalists and civil society, as well as a number of sensitization initiatives that reached journalists, women’s groups, religious and civil society organizations and students.

Early warning and protection of human rights in situations of conflict, violence and insecurity uu Legislation and policies in place to increase human rights protection in conflict and to combat SGBV (EA 1) The Ministry of Gender, Child and Social Welfare drafted a five-year National Gender Policy Strategic Plan (2013-2018), which aims at promoting a robust policy and legal framework to eliminate SGBV and institutionalize © UNMISS Human rights officers meet with members of the Agar clan of the appropriate response and protection mechanisms. Dinka tribe, in South Sudan, in an effort to end the conflict with Nevertheless, this plan is yet to be implemented. neighbouring communities.

OHCHR REPORT 2015 165 OHCHR IN THE FIELD: AFRICA

Human Rights Advisers in UN Country of former President Hissène Habré. For 20 of the Teams defendants, the Court of Appeal handed down sentences ranging from five years of forced labour to life sentences. Nine other defendants were acquitted, including four for lack of evidence. All of the accused had the opportunity to select the counsel of their choice, all parties were able to Chad call witnesses to the stand and the public hearings Year established 2011 were regularly broadcast on national television. While monetary penalties were levied against the Staff as of 31 December 2015 3 accused, the Government has not established a redress mechanism for victims. The HRA observed the hearings throughout the process to assess Results their compliance with international standards.

Strengthening international human rights Integrating human rights in development and in mechanisms the economic sphere uu The Interministerial Committee on reporting uu Recommendations issued by the international under international and regional human rights human rights mechanisms are integrated in the instruments is operational and half of the overdue programmes and activities of UN agencies (EA 11) reports are submitted (EA 6) The draft United Nations Development Assistance With the support of the Human Rights Adviser Framework (UNDAF) 2017-2021 integrates human (HRA) and UNDP, the Interministerial Committee rights considerations. The HRA provided the developed its action plan for the second half United Nations Country Team (UNCT) with a of 2015 and for 2016. The HRA also supported general analysis of the gender and human rights the definition of strategies for the monitoring of situation in the country, as well as advice for the recommendations issued by the UPR. definition of outcomes, outputs and indicators.

Combating impunity and strengthening accountability and the rule of law uu Cases submitted to the National Human Rights Commission, including on land issues, are Kenya increasingly addressed (EA 1) Year established 2008 A committee, composed of representatives Staff as of 31 December 2015 5 from the Ministry of Justice and Human Rights, the Bar Society, the University of N’Djamena and civil society actors, was established by the Ministry of Justice and Human Rights in order to Results develop a draft law on the National Human Rights Commission. The HRA provided the committee Strengthening international human rights with technical and financial support, including mechanisms documentation on national human rights uu An effective and efficient participatory standing commissions in Burundi, Niger and Togo to serve national coordinating body on reporting/replying as good examples for the Chadian Human Rights to individual communications and enquiries and Commission. The draft law was submitted to the integrated follow-up to recommendations of all Government in December to initiate the process human rights mechanisms is in place (EA 6) of adoption. The Human Rights Adviser (HRA) contributed to uu National prosecutions against the presumed building the capacity of the national coordinating authors of international crimes under Hissène body in the context of its reorganization and the Habré’s ruling are conducted in compliance arrival of new members. The trainings focused on with international human rights standards and the coordinating body’s roles and responsibilities a rights-based victims' reparation programme is in ensuring that the Government complies functioning (EA 3) with its international human rights obligations The special session of the Court of Appeal of and regarding its preparation of the State Party N’Djamena reached a verdict in the case of the report to CERD. Furthermore, as a follow-up to victims of former agents of the Directorate for recommendations issued by the human rights Documentation and Security, the political police mechanisms in relation to Kenya, the Parliament

166 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

adopted the National Policy and Action Plan on Human Rights in December. The Action Plan was developed through a highly participatory process, with the support of the HRA, and establishes human rights goals and priorities within achievable time frames. It also provides guidance to all actors regarding the specific tasks that need to be accomplished to ensure that human rights principles are integrated and mainstreamed in the country’s development agenda. Moreover, the Action Plan calls for the implementation of a HRBA in all projects and focuses on a set of key priority areas that were identified during nationwide hearings. uu Increased engagement of rights-holders, especially those who are vulnerable and marginalized, with regional and international human rights © OHCHR/Kenya Launch of the human rights undergraduate course at Egerton mechanisms (EA 7) University, Kenya. OHCHR supported the development of the course Pursuant to the UPR process, the HRA supported and the teaching manual. the engagement of civil society organizations in the development of an action plan for support, a national draft policy was developed on implementing UPR recommendations. This public participation. The draft incorporates human resulted in the creation of a consultative process rights standards and will provide guidance to between civil society organizations and the civil servants on enhancing public participation, Government to develop a joint implementation including of women and others who are plan. The HRA also encouraged civil society underrepresented. In addition, the Kenya National to formally raise cases of alleged human rights Commission on Human Rights developed a violations with the Special Rapporteurs on the draft policy for the protection of human rights rights to freedom of peaceful assembly and of defenders that is compliant with international association, on the situation of human rights human rights standards. The draft was developed defenders and on the promotion and protection with contributions from civil society organizations of the right to freedom of opinion and expression. and support from the HRA, which provided As a result, two special procedures mandate- technical input during the drafting process and holders submitted communications to the facilitated a stakeholder’s review meeting. A plan Government requesting that it address the cases of action was prepared to outline the next steps. submitted by the civil society organizations. uu The Ministry of Education adopts a comprehensive human rights education policy in formal Integrating human rights in development and in education and five pilot public universities the economic sphere incorporate human rights programmes in their uu Increased integration of a human rights- curriculum (EA 1) based approach in the design, planning and The Kabianga Public University requested implementation of the UNDAF 2014-2018, assistance from OHCHR to develop the including through the use of UPR/treaty body/ curriculum for a four-year undergraduate course special procedures recommendations in the on human rights and facilitate a validation session programming of UNCT partners (EA 11) with stakeholders. The curriculum was approved The UNCT adopted a draft human rights- by the Dean’s committee and forwarded to the compliant monitoring and evaluation strategy in Senate for endorsement. relation to the UNDAF. The HRA provided inputs to ensure that a human rights-based approach was incorporated in the strategy.

Widening the democratic space uu Adoption of human rights-compliant legal frameworks for public participation and to protect human rights defenders (EA 1) Under the leadership of the Department of Justice, and with OHCHR’s expertise and financial

OHCHR REPORT 2015 167 OHCHR IN THE FIELD: AFRICA

Madagascar Year established 2011 Staff as of 31 December 2015 5

Results

Strengthening international human rights mechanisms uu Human rights-based approach principles and recommendations from human rights mechanisms are better integrated in UN programmes and policies (EA 11) In September, a plan for the implementation of recommendations issued by international and regional human rights mechanisms was validated © OHCHR/Madagascar during an official ceremony organized by the Office Celebration of International Women’s Day in Madagascar, March 2015. of the Prime Minister and the UNCT. The plan is the culmination of training and advocacy activities conducted by the HRA with the support of UNDP. uu Institutionalized human rights education The plan includes recommendations issued by the programme offered in specialized institutions and UPR, the human rights treaty bodies and the special higher education institutions (EA 1) procedures. The HRA also coordinated the drafting OHCHR signed memoranda of understanding of the UNCT contributions for various reports to the with the Ministry of Defence, the Military treaty bodies, including CEDAW. Academy, the Secretary of State in charge of the National Gendarmerie and the Faculty of Integrating human rights in development and in Law at the University of Antananarivo regarding the economic sphere the integration of human rights courses in their uu Increased participation of rights-holders in the respective curricula. development of programming and budgeting processes, especially the National Development Strategy (EA 5) As a result of advocacy actions and technical advice provided by OHCHR, the National Malawi Development Plan is human rights-oriented and Year established 2014 includes commitments to guarantee women’s Staff as of 31 December 2015 1 rights. The HRA facilitated workshops for women’s NGOs and associations to enhance their knowledge about international, regional and national mechanisms for the protection of Results human rights and to promote their participation in decision making-processes. Strengthening international human rights mechanisms Widening the democratic space uu Interministerial participatory standing national uu A NHRI is established and functioning and the coordinating body on reporting/replying to Ombudsman’s Office is strengthened (EA 1) individual communications and enquiries; and The HRA cooperated with the Ministry of integrated follow-up to recommendations of all Justice to implement an information campaign human rights mechanisms established and reports/ to promote the selection of civil society common core document following the reporting representatives to participate in the NHRI. guidelines submitted to treaty bodies and UPR (EA 6) Preliminary elections were conducted in the six A National Human Rights Action Plan for 2016- provinces of the country to enable local civil 2020 was developed through a process led by society organizations to elect their respective the Ministry of Justice, in collaboration with the candidates. All members of the NHRI were Malawi Human Rights Commission and civil expected to be officially appointed by the society and the support of the HRA. The Plan President of the Republic by the end of the year. integrated the recommendations issued by the

168 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

UN human rights mechanisms in relation to business and human rights. A one-day multi- Malawi and established a National Human Rights stakeholder dialogue was organized by the UN Coordination Committee. In terms of treaty body and the Malawi Human Rights Commission in reporting, the Government submitted its report to order to review the reports on the Status of the CRC and replied to the list of issues from the Sexual and Reproductive Health Rights and Committee on the Elimination of Discrimination on the Cycle of Accountability for Sexual and against Women (CEDAW). The HRA provided Reproductive, Maternal, Neonatal and Child advice and support to enable the Government to Health and Human Rights. The participants, which meet its reporting obligations. included government officials, parliamentarians, uu Standing invitation to special procedures members of the judiciary, traditional leaders and mandate-holders issued and their requests to visit representatives of the Malawi Human Rights Malawi receive positive responses (EA 6) Commission, the Law Commission, civil society, In September, following Malawi’s second UPR District Health Officials and the media, agreed to cycle and advocacy undertaken by the HRA, convene a task force to prepare an action plan for the Government issued a standing invitation the implementation of the recommendations in to the special procedures. During Malawi’s the two reports. In addition, a multi-stakeholder first UPR cycle, the Government accepted a dialogue was held in collaboration with the recommendation to invite the Special Rapporteurs Malawi Human Rights Commission and Citizens on the rights to freedom of peaceful assembly for Justice. The dialogue raised awareness about and of association, on extreme poverty and the key human rights issues relating to business in human rights and on the situation of human rights Malawi and called for the integration of business defenders. and human rights issues in Malawi’s National uu Increased engagement of civil society actors and Human Rights Action Plan 2016-2020. The HRA national human rights institutions with the UPR also contributed to the evaluation of the UNDAF and treaty bodies (EA 7) and the review of the Malawi Growth and A total of nine civil society organizations and Development Strategy II. groups of NGOs submitted inputs to CEDAW in anticipation of its consideration of Malawi’s State Early warning and protection of human rights Party report. in situations of conflict, violence and insecurity uu Human rights are integrated into United Nations Enhancing equality and countering preparedness, response and recovery efforts of crises discrimination emanating from natural disasters, conflicts and uu Legislative framework and policies incorporate other situations of violence and insecurity (EA 11) international human rights standards in relation The HRA supported the Malawi Human Rights to discrimination (EA 4) Commission to monitor and respond to human As a result of advocacy efforts carried out by the rights violations in two of the flood-affected areas UN and other actors, the Government adopted in the south. The Commission reported cases the Marriage, Divorce and Family Relations of sexual and gender-based violence, violence Act, which prohibits child marriage, and the committed by host communities, child labour Trafficking in Persons Act. The adoption of these and the diversion of relief items by District legislative measures signals a strengthening Councils. The HRA also provided 20 officers of of the legal framework that will contribute to the Commission with pre-deployment training addressing discrimination and violence against on human rights monitoring, including validation women and girls. In addition, the HRA provided of the tool to be used for the monitoring and comprehensive advice and support to the reporting exercise. Government in the development of a response plan, launched in 2015, to address attacks against persons with albinism.

Integrating human rights in development and in the economic sphere uu The UNDAF midterm review, the new UNDAF and other UN joint programmes incorporate a human rights-based approach (EA 11) With support from the HRA, human rights were successfully integrated in joint areas of work, including sexual and reproductive health and

OHCHR REPORT 2015 169 OHCHR IN THE FIELD: AFRICA

Niger November. Among other activities, the HRA supported the creation of the Commission’s Year established 2008 website to give greater visibility to its activities, Staff as of 31 December 2015 - (The field presence share information regarding human rights and closed in 2015) facilitate the filing of complaints online. uu A national human rights education plan is elaborated and human rights are incorporated in Results the curricula of formal education (EA 1) As part of the implementation of the national Strengthening international human rights human rights education plan, the HRA provided mechanisms technical support to the committee in charge uu At least one international human rights of developing three human rights modules for convention and two optional protocols are ratified primary and secondary schools. The HRA revised (EA 2) the contents and prepared substantive inputs on In July, Niger ratified the International Convention each of the modules, which will be tested during for the Protection of All Persons from Enforced the 2015-2016 school year. Disappearance (ICPPED). Draft legislation is in the process of being adopted that would Early warning and protection of human rights authorize the ratification of the ICCPR-OP2, the in situations of conflict, violence and insecurity Optional Protocol to the International Covenant uu Human rights are mainstreamed into the on Economic, Social and Cultural Rights (OP- humanitarian strategy documents and policies ICESCR) and the Convention relating to the Status (Consolidated Appeal Process Niger) and the of Stateless Persons. The HRA supported the Protection Cluster Action Plan (EA 11) National Human Rights Commission and civil The active participation of the HRA in the society organizations in their advocacy efforts Protection Cluster led to the integration of a related to the ratification of the human rights human rights perspective in the development of treaties. tools to collect information in the region of Diffa, uu Forty per cent of outstanding State Party reports with a particular focus on children and sexual are submitted to treaty bodies (EA 6) and gender-based violence. Additionally, a human As a result of a well-functioning interministerial rights dimension was taken into account in the committee, four State Party reports were sent to development of protective measures in the Diffa CERD, CEDAW, CRC and the CRPD. Moreover, the region that is being affected by repeated attacks Government prepared and submitted its report for of Boko Haram. Niger’s second UPR cycle, which will take place in early 2016. The HRA strengthened the reporting capacities of members of the interministerial committee through trainings and the provision of information on the reporting guidelines. Nigeria uu Three shadow reports are submitted by CSOs and Year established 2014 the NHRI to treaty bodies and the UPR (EA 7) Staff as of 31 December 2015 1 NGOs, the UNCT and the National Human Rights Commission submitted alternative reports in anticipation of Niger’s second UPR cycle. The HRA provided technical support to these Results stakeholders in the development and adoption of their reports, including by distributing information Strengthening international human rights on the reporting guidelines and preparing mechanisms substantive inputs to the reports. uu Participatory Interministerial standing national coordinating body on reporting/replying to Widening the democratic space individual communications and enquiries; and uu The National Human Rights Commission integrated follow-up to recommendations of all implements its four-year plan for the period 2014- human rights mechanisms re-activated and 2017 (EA 1) functioning and at least four reports submitted to As part of the implementation of the National the treaty bodies in full conformity with reporting Human Rights Commission’s four-year strategic guidelines (EA 6) plan 2014-2017, the Commission presented its With the technical support of the HRA, the first annual report to the National Assembly in Interministerial Committee designed and adopted

170 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

a national action plan on the implementation of UPR recommendations. It has also initiated the preparation of outstanding reports that are due for submission to the human rights treaties bodies, including the initial report to the Committee on Migrant Workers (CMW).

Enhancing equality and countering discrimination uu National action plan against racism and discrimination adopted. A number of states incorporate the Child Rights Act (North states) and adopt a policy on realization of the rights of persons with disabilities (EA 4) The Child Rights Act sets out the rights and responsibilities of a child in Nigeria and provides for a system of the administration of

juvenile justice. It also enables children with © OHCHR/Nigeria disabilities to fully enjoy their rights as it provides The Assistant Secretary-General for Human Rights visits a camp for special measures for their care and protection. internally displaced persons during his mission to Nigeria, August 2015. Regrettably, the Act has not been translated into improved legal protection for the child across the Federation since it has not been domesticated programme includes substantive human rights in most states of the North. The HRA has and humanitarian principles. continuously advocated for the domestication of uu The National Human Rights Commission the Act in the Northern states. effectively monitors and reports on human rights issues, especially in the North East (EA 3) Early warning and protection of human rights Based on a programme designed by the HRA, the in situations of conflict, violence and insecurity National Human Rights Commission deployed uu At least four States have legislation against gender- approximately 300 monitors to the North East and based violence. Institutionalization of human North Central zones as part of a mechanism for rights training for the armed forces and security the systematic monitoring of and reporting on the agencies, especially those involved in operations in human rights situation in areas affected by the the North East (EA 1) insurgency and insecurity. Moreover, the security The National Assembly adopted the Law on agencies allowed the National Human Rights Violence against Persons, which prohibits harmful Commission to monitor Courts Martial that were traditional practices and various forms of violence established to try security personnel for omissions against women, and the President signed the and commissions in the conduct of operations. Law. The HRA will continue supporting the uu Increased use by stakeholders of the National Government to improve the legal framework for Human Rights Commission in the context of addressing gender-based violence. communal violence and potential conflict triggers uu Increased compliance of security agencies (EA 5) deployed in conflict zones with international The National Human Rights Commission has human rights standards (EA 1) emerged as a reliable institution that has recorded The Nigerian Armed Forces adopted a code of a steady increase in the number and diversity of conduct and rules of engagement for operations petitions received and processed. The Commission in the North East. At an expert meeting, facilitated has actively responded to petitions regarding by the HRA in collaboration with the National inter-ethnic/religious tensions and strife in Benue, Human Rights Commission, military authorities Kaduna and Plateau states. Many stakeholders reviewed the contents of both documents and now view the Commission as a major player in made proposals for the integration of international the protection and promotion of human rights human rights and humanitarian standards. Some and increasingly turn to it as a first line of defence of the proposals were adopted. In addition, the regarding human rights issues. For instance, in National Defence College developed a training December, when the military confronted a Shiite programme on human rights and the protection Islamic group in Zaria which led to the deaths of of civilians in internal security operations for the many individuals, both the Shiite group and the armed forces and other security agencies. The military petitioned the Commission.

OHCHR REPORT 2015 171 OHCHR IN THE FIELD: AFRICA

uu Joint Humanitarian Action Plan and national Sierra Leone humanitarian operations integrate human rights Year established 2014 principles (EA 11) The Humanitarian Needs Overview and Staff as of 31 December 2015 1 Humanitarian Response Plan fully integrate human rights and comply with the commitment of humanitarian actors to ensure the centrality Results of protection in humanitarian action. The HRA supported the development of both documents Integrating human rights in development and in and has assisted the Protection Sector Working the economic sphere Group to establish itself as a critical actor engaged uu At least three UN programmes and policies, and in the humanitarian response in Nigeria. particularly the UNDAF 2015, are informed by a uu Increased application of rights-based approaches human rights-based approach (EA 11) by UN programmes addressing violence, insecurity In order to support the recovery from the Ebola and conflict, including UNDP’s conflict prevention Virus Disease Crisis, the UNCT held a retreat to project and peace architecture; UN Women’s identify and agree on priorities in support of the multi-year programme; the UNDAF Action Plan; UNDAF. The HRA briefed participants on the and agency implementation programmes (EA 11) human rights-based approach and enabled the With support from the HRA, the joint UN, EU UNCT to better articulate its priorities in line with and World Bank recovery and peacebuilding international standards and principles. assessment fully integrates human rights as a cross-cutting issue to be addressed in planning for Enhancing equality and countering recovery and reconstruction in the North East. discrimination uu Impediments to the enjoyment by persons with disabilities of all human rights, particularly the rights to education and health, as well as civil and Rwanda political rights, are removed (EA 4) Year established 2007 In April, as a result of encouragement from the HRA, the UNCT in Sierra Leone published a Staff as of 31 December 2015 4 press release regarding a lifting of the ban on pregnant girls returning to schools and taking exams. By taking a public stand, the UN raised Results public awareness about the issue. It will continue advocating with the Government to provide Strengthening international human rights alternative means to ensure that pregnant girls mechanisms can enjoy their right to education for as long as uu Human rights NGOs submit reports to the UPR and the de facto ban remains in place. treaty bodies and engage with international and regional human rights mechanisms to articulate Early warning and protection of human rights human rights issues affecting Rwanda (EA 7) in situations of conflict, violence and insecurity The HRA provided guidance to a number of uu Preventive and protective measures in place Rwandan NGOs in the preparation of a joint UPR and effective investigation and prosecution of stakeholder report. It also provided financial support perpetrators of SGBV (EA 1) for the participation of an NGO representative The HRA participated in a round table meeting during Rwanda’s second UPR cycle in Geneva. attended by UN agencies, the diplomatic corps and the Chief of the Family Support Unit of the Combating impunity and strengthening police. At the meeting, the HRA helped to refine accountability and the rule of law a strategy aimed at eradicating the customary uu National courts increasingly invoke human rights practice of female genital mutilation. The laws and principles in their proceedings and final outbreak of the Ebola Virus Disease, however, decisions (EA 1) forced the HRA and other UN agencies to refocus The HRA carried out trainings on the application their plans. All previously planned programmes of international human rights standards in under this expected accomplishment were domestic courts for over 200 judges. The judges therefore put on hold. came from different court jurisdictions in Rwanda and it is expected that they will apply this knowledge in their respective court decisions.

172 OHCHR REPORT 2015 OHCHR IN THE FIELD: AFRICA

United Republic of Tanzania Year established 2014 Staff as of 31 December 2015 1

Results

Strengthening international human rights mechanisms uu Establishment of participatory standing national coordinating bodies on reporting/replying to individual communications and enquiries; and integrated follow-up to recommendations of all human rights mechanisms and reports to CEDAW, CERD, CESCR and the Human Rights Committee submitted in conformity with reporting guidelines (EA 6) Tanzania has four overdue reports to the treaty bodies. The HRA is currently working with the © EU/ECHO/Jonathan Hyams Children back to school after the Ebola Virus Disease crisis in Human Rights Team at the Attorney General’s Freetown, Sierra Leone. Office, which is in charge of preparing reports to the treaty bodies, in order to develop a timeframe for the drafting of the overdue State Widening the democratic space Party reports. Furthermore, the Attorney General’s uu The draft constitution and media laws are Office, the Commission of Human Rights and compliant with international human rights Good Governance and civil society organizations standards (EA 1) have reached an agreement to collaborate on the The draft constitution, which was finalized on establishment of a national coordinating body on 2 October 2014, is still awaiting a referendum. It reporting in 2016. was originally scheduled for April but was then uu Increased engagement of CSOs and the postponed to an undetermined date. While the Commission of Human Rights and Good draft constitution proposes important changes, Governance with treaty bodies, special procedures including greater representation of women in and the UPR (EA 7) politics, it also contains gaps on issues such as A joint report was submitted by a number of civil women’s access to basic services, education and society organizations in relation to Tanzania’s health, discrimination on the basis of sexual second UPR cycle, which also included a submission orientation and gender identity and freedom of from the Commission of Human Rights and Good expression and association. Moreover, the Bill Governance. The HRA provided these actors for a Media Services Act, approved in February, with extensive support and technical advice on and the draft of the access to information act engagement with the UN human rights mechanisms. will potentially restrict the right to freedom of expression. Efforts have been made by the Enhancing equality and countering HRA to raise concerns with the Human Rights discrimination Team at the Attorney General’s Office, which is uu The justice system increasingly investigates and responsible for drafting legislation. prosecutes crimes against people with albinism and survivors and their families are provided with effective remedies, redress and rehabilitation (EA 1) Significant efforts have been undertaken by the Office of the Public Prosecutor to ensure legal assistance and access to justice to people with albinism. Nevertheless, many challenges remain. The HRA contributed to the progress achieved by providing training activities for judges and prosecutors on human rights issues, including gender, discrimination and crimes against people with albinism.

OHCHR REPORT 2015 173 OHCHR IN THE FIELD: AFRICA

Zambia Combating impunity and strengthening accountability and the rule of law Year established 2014 uu Increased number of States that have abolished Staff as of 31 December 2015 1 the death penalty and/or, pending abolition, increasingly comply with relevant international human rights obligations (EA 1) Results In July, the President of Zambia announced that he would commute the death sentences of 332 Strengthening international human rights prisoners to life imprisonment. This trend, which mechanisms was initiated in 1997, is a positive step towards uu Positive response to request of special procedures the abolition of the death penalty in Zambia. mandate-holders to visit Zambia (EA 6) Additionally, the Zambian National Assembly A number of special procedures mandate- requested that the UN produce a submission on holders sent requests for visits to the Zambian the status of the death penalty and the applicable Government throughout the year but no normative framework to help guide its discussion responses were received. Nevertheless, at the end in Parliament. The HRA contributed to the UN’s of the year, Zambia responded positively to a report to the National Assembly. request by the Special Rapporteur on the rights of persons with disabilities. Integrating human rights in development and in the economic sphere Enhancing equality and countering uu A human rights-based approach is integrated discrimination in the new UNDAF for 2016-2019 and in joint uu The Zambian Human Rights Institution is programmes of the UNCT (EA 11) effectively addressing discrimination issues (EA 1) Zambia’s UNDAF, The Sustainable Development While the Human Rights Commission made Partnership Framework, was signed on significant steps to reach out to the LGBTI 19 November. The document highlights the community with the support of the HRA, it principles of inclusion and non-discrimination, claimed that it was not prepared to publicly prioritizes vulnerable, marginalized and advocate for non-discrimination based on sexual discriminated groups and includes references to orientation and gender identity due to the the human rights mechanisms. The Framework absence of commissioners. In fact, no progress also promotes engagement with non-traditional was made in 2015 regarding the nomination and partners and donors, in particular the private appointment of new commissioners. sector, and their role in development. The HRA supported the development of the document by conducting training sessions on the HRBA, providing inputs to the document and facilitating the participation of groups experiencing vulnerability, exclusion and marginalization in relation to the development process.

174 OHCHR REPORT 2015